Phifer v. Foe

Fred W. Phifer brought an action for libel in the district court of Platte County against M. R. Foe and A. Edward Kendig. The trial judge nonsuited plaintiff by granting separate motions of the defendants for summary judgment. Plaintiff-Phifer has appealed.

Plaintiff’s suit was based on the alleged publication and distribution of a campaign handbill during the 1966 general election campaign, in which Phifer and Kendig were opponents in a contest for State Senator. The handbill was entitled Mud Can Be Too Deep And Too Slippery. It accused can didate Phifer of circulating the “false and…